HomeMy WebLinkAboutCCMin_84Mar28MINUTES
REGULAR CITY COUNCIL MEETING
MARCH 28, 1984
A regular City Council Meeting was called to order at 7:00 P.M. by Mayor
Eggert.
Mayor Eggert, Councilmembers Baldwin, Hard, Chestovich and Ciernia. Also
present were Clerk Administrator Barnes, Attorney Van de North, and Engineer
Schunicht.
None.
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PRESENT
ABSENT
Councilmember Chestovich moved, seconded by Councilmember Hard, that the CONSENT
Consent Agenda be approved after removing Item 10 (Dahlgren statement) AGENDA
and placing it on the Council Agenda. Motion carried unanimously. APPROVED
I! II
L_J
1. Falcon Heights Fire Report ~~1-00484
2. Falcon Heights Ambulance Reports ~~2-02084 - ~~202284
3. Lauderdale Ambulance Reports ~~4-01084 and ~F4-01184
4. General Disbursements 3/15/84 - 3/28/84 $60,486.06
5. Liquor Disbursements 3/13/84 - 3/26/84 $ 9,297.95
6. General Payroll 3/1/84 - 3/15/84 $ 6,966.37
7. Liquor Payroll 3/1/84 - 3/15/84 $ 2,062.26
8. Park and Recreation Commission Minutes of March 5, 1984
9. Human Rights Commission Minutes of February 16, 1984
10. Statement for Legal Services (Briggs & Morgan) through February, 1984
11. Bi-monthly Financial Report
12. Liquor Store Financial Report for February, 1984
13. Licenses:
Master Gas Installer's License
Blaine Heating, Electric & Air Conditioning ~~450 Hindig Company, Inc. 4451
13562 Central Avenue NE 915 West 7th St.
Anoka, MN 55303 St. Paul, MN 55102
Vending Machines
Minnesota Viking Food Service, Inc. #1088, 1089, 1090 (at Harvest States)
5200 West 74th St.
Minneapolis, MN 55435
Mayor Eggert moved, seconded by Councilmember Hard, that the recommended ADDENDUM TO
appointment of Tom Montain to the Park and Recreation Commission be added AGENDA
to the Agenda. Motion carried unanimously.
Councilmember Hard moved, seconded by Councilmember Chestovich, that the MINUTES OF
Minutes of March 14, 1984 be approved with the following corrections: 3/14/84
(1) Page 1, last paragraph, line 9, delete the word "do" and replace it APPROVED
with "arrange for", and (2) Page 2, paragraph 3, line 12, after "addition"
add "of 2,000 or more square feet". Motion carried unanimously.
John Bannigan, Attorney for the suburban communities involved in the lake LAKE
overflow matter presented a history of the problem and the ensuing court OVERFLOW
decisions. He commented on the proposed solution and the fact that the
Waste Control Commission was in error in calculating the cost of that
solution. Mr. Bannigan recommended that the matter be pursued no further
in court but be handled administratively such as working with St. Paul
MINUTES
REGULAR CITY COUNCIL MEETING
MARCH 28, 1984
PAGE 2
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to redefine whether or not clean water overflow should be charged for and LAKE OVER-
perhaps, meter it out of St. Paul's sewage. Following a discussion, Mayor FLOW (cont.)
Eggert .moved, seconded by Councilmember Ciernia, that Engineer Schunicht
be authorized to enter into discussions with the City of St. Paul and
to attend appropriate meetings and report back to Council. Motion
carried unanimously.
Councilmember Chestovich moved, seconded by Councilmember Hard, that
Resolution 84-11 be adopted as presented. Motion carried unanimously.
RESOLUTION 84-11
A RESOLUTION DESIGNATING THE WEEK OF APRIL 8 THROUGH
APRIL 14 AS LEAGUE OF WOMEN VOTERS OF ROSEVILLE WEEK
Mayor Eggert recommended that Council consider extending the line of trees
that separate the residential area from the Community Park in order to
buffer the newly constructed homes to the south. A group of Scouts are
willing to assist in the planting of the approximately 30 trees. After
a short discussion, Mayor Eggert moved, seconded by Councilmember
Chestovich, that the Clerk Administrator be authorized to purchase 30
Black Hills spruce (or other appropriate trees) to be planted in that
area.
Mayor Eggert reviewed the meetings attended by the City Attorney, City
Staff, Fiscal Consultant and Bullseye regarding a development agree-
ment with Bullseye, and presented for Council's consideration the
proposed agreement and a supplement requested by Bob Collins, Attorney
for Bullseye. Attorney Van de North then presented a re-formulated
supplement, and explained each item. He recommended amending the
item stating that costs and expenses incurred on behalf of Bullseye
after March 28, 1984 be paid by Bullseye, as there were expenditures
prior to that date. He also recommended that paragraph 3 be amended
to include information regarding the acquisition of the Falcon Service
Station properly and inclusion in the project of the municipal liquor
store. Councilmember Ciernia inquired if, by approving the agreement,
the City would be locked into variances, etc. Attorney Van de North
replied that it would restrict the power somewhat, and would require
'give and take' on the part of both parties, but, Council must act in
the public interest which would supersede any agreement. Mayor Eggert
moved, seconded by Councilmember Chestovich, that the preliminary de-
velopment agreement with the supplement corrections as made by the
City Attorney, be approved. Motion carried unanimously.
Council discussed at length proposed Resolution 84-12 relating to sewer
back-up problems. In view of the fact that there is already a resolution
on the books (78-12), Councilmember Hard questioned the need for another
resolution. Councilmember Baldwin suggested that the resolution limit
the amount of assistance to $300 per residence and that there be a six
month sunset in the event it is too costly or does not work out. Council-
member Baldwin then moved, seconded by Councilmember Ciernia, that
Resolution 84-12 be adopted with the following stipulations: (1) It
will be in effect only until September 1, 1984, (2) there be a $300
limit, and (3) an acceptable back-flow stoppage device be installed,
and that Resolution 78-12 be rescinded. Upon a vote being taken, the
RESOLUTION
84-11
SCOUTS TO
PLANT TREES
IN PARK
PRELIMINARY
AGREEMENT
WITH
BULLSEYE
APPROVED
SEWER BACK-
UP
DISCUSSION
MINUTES
REGULAR CITY COUNCIL MEETING
MARCH 28, 1984
PAGE 3
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voted in favor thereof: Councilmembers Baldwin and Ciernia, and the follow-
ing voted against the same: Mayor Eggert, Councilmembers Chestovich and SEWER
Hard. Motion failed. (cont.)
The request from Beverly Higgins, 1355 W. Iowa, for reimbursement for HIGGINS
sewer back-up was deferred until the next meeting in order that Mrs. REQUEST
Higgins can be in attendance and to allow the City Engineer ample time FOR REIMBURSE-
to examine the sewers in the area. Engineer Schunicht informed that MENT
in a preliminary examination nothing was found in the system that would DEFERRED
cause excessive sewer problems at that particular residence.
Clerk Administrator Barnes informed Council that placement of the civil CIVIL DEFENSE
defense siren at a location on Fairview Avenue 30 feet north of the SIREN
Larpenteur Avenue right-of-way, has been approved by the University of PLACEMENT
Minnesota, Ramsey County and Northern States Power. The estimated cost APPROVED
of wiring by Northern States is $2,179. Councilmember Chestovich moved,
seconded by Councilmember Hard, that the Clerk Administrator be authorized
to expend the estimated cost of wiring, and arrange for placement of the
siren with expediency. Motion carried unanimously.
Attorney Van de North explained that as of August, 1984, there wi~.l be AMBULANCE
an increase in the limits under which a city can be sued ($600.,000) INSURANCE
and that the City's existing policy should be amended to cover the in-
creased exposure. He felt the ambulance personnel is at present covered
by the City policy, but will contact the City's carrier, and if ambulance
personnel is not adequately covered, the item will be discussed at the
April 11, 1984 meeting.
COMMUNICATIONS
The matter of the charge for the fire dispatching equipment purchased SYSTEM
by Ramsey County was deferred to the April 11, 1984 meeting. DEFERRED
Councilmember Chestovich moved, seconded by Councilmember Baldwin, that PURCHASE OF
funds be expended for the following furniture items: (1) $1,080.00 FURNITURE
for Bookkeeper's desk with return and credenza, (2) $1,201.03 for AUTHORIZED
Clerk Administrator's desk and credenza, and (3) $109.08 for lectern
for Council Chambers. Motion carried unanimously.
WATER EASEMENT
Councilmember Ciernia moved, seconded by Councilmember Chestovich, AGREEMENT WITH
that Mayor Eggert and Clerk Administrator Barnes be authorized to HEWLETT/PACK-
sign the easement agreement with Hewlett Packard and the St. Paul ARD & WATER
water utility. Motion carried unanimously. DEPT. TO BE
SIGNED
Mayor Eggert explained that Good Value Homes has requested permission
to construct two chain link fences two feet from the property lines REQUEST FROM
within the park walkway easement. Due to an error made by the develop- GOOD VALUE
er the 10 foot easement for park access was not in the sale agreement FOR 5' PARK
when the abuting homes were sold. Council discussed the matter and ACCESS DENIED
the surfacing of the walkway after which Councilmember Chestovich
moved, seconded by Mayor Eggert, that the request be denied, that
the walkway remain 10 feet in width and that the surface be grass.
Motion carried unanimously.
LIQUOR STORE
Mayor Eggert moved, seconded by Councilmember Chestovich, that the TO BE
Clerk Administrator be authorized to obtain an appraisal of the APPRAISED
liquor store property. Motion carried unanimously.
CITY CANNOT
Attorney Van de North informed Council that State Statute does not ASSESS UNPAID
allow assessment of unpaid ambulance charges. AMBULANCE
BILLS
MINUTES
REGULAR CITY COUNCIL MEETING
MARCH 28, 1984
PAGE 4
Mayor Eggert informed Council that Group W has asked the North Suburban
Cable Commission to allow installation of a cable system downgraded from
the original franchise agreement, explaining that the system that was bid
was too expensive and if following the franchise agreement they would
find it necessary to charge prohibitive fees. A majority of the Cable
Commission votes favored altering the franchise as follows: (1) one
cable instead of two, reduction from 114 channels to 60, (2) change
in rate structure, fees to be increased, lowest tier eliminated, and
(3) access channels reduced from 9 to 8. Mayor Eggert commented on
Ordinance 4192, the intent of which was to allow the Cable Commission
to make decisions dealing with equipment changes as changes in technology
occurred. However, since it did not specifically state that it applied
only to equipment changes, it is being broadly interpreted to apply to
structural changes. Mayor Eggert was of the opinion that any major
structural changes should require approval by the City Council not
the Cable Commission. Mayor Eggert will discuss with the other
affected communities, the possibility of amending the ordinance to
specifically stipulate that major structural changes must be approved
by City Council.
Councilmember Chestovich moved, seconded by Mayor Eggert, an expenditure
of $188.00 for membership in the Ramsey County League, the amount to be
taken from the contingency fund.
Councilmember Ciernia explained that he and Councilmember Baldwin had
met with Senator Dieterich and discussed upgrading of Roselawn from
Cleveland to Fulham, and requested that the Senator attempt to obtain
funds from the state of Minnesota for upgrading of the street since
the street abuts University of Minnesota property. Clerk Administrator
Barnes informed Council that Ramsey County is requesting FAU funds
for the upgrading of Cleveland Avenue to Coma Avenue. The Clerk
Administrator was directed to arrange a meeting with Ramsey County
Engineers, Mayor Eggert and Clinton Hewitt of the University to
discuss the street upgrading.
2 r
CABLE TV
FRANCHISE
CITY TO JOIN
RAMSEY COUNTY
LEAGUE
SENATOR
DIETERICH TO
REQUEST FUNDS
FOR ROSELAWN,
CLEVELAND TO
FULHAM
Councilmember Hard reported that trucks are going through Falcon Woods VIOLATION OF
1 and 2 in disregard of the 3 ton load limits. Mayor Eggert informed LOAD LIMITS &
that he had contacted the developer of Falcon Woods 3 on March 27th DEVELOPMENT
and advised him the trucks must come in Prior from the south and cannot AGREEMENT BY
drive on the streets to the north. Residents of the area are concerned GOOD VALUE
that the streets are being damaged and will be expensive to repair. CONTRACTORS
Council reviewed the development agreement with Good Value Homes
which stipulated that no construction vehicles were to come in from
the north. Following the discussion the City Engineer was directed
to inspect the roads for damage, Mayor Eggert will contact the developer
by phone, and the City Attorney will draft a letter informing the develop-
er that they are violating the development agreement and that the City
is considering legal action.
Council reviewed and. noted the 1983 Financial Statements as prepared
by George M. Hansen Company. The Clerk Administrator will publish the
official statement in the official newspaper.
Mayor Eggert moved, seconded by Councilmember Ciernia, that Tom Montain,
1850 Holton, be appointed to the Park and Recreation Commission. Motion
carried unanimously.
1983 FINANCIAL
REPORT NOTED
T. MONTAIN,
1850 HOLTON
APPOINTED TO
PARK & REC.
MINUTES
REGULAR CITY COUNCIL MEETING ~ ~,
MARCH 28, 1984
PAGE 5
1
Councilmember Ciernia moved, seconded by Councilmember Chestovich MAY BIKE
that May be designated as bargain month for bicycle licenses, the LICENSES TO
licenses to be reduced in cost from $5.00 to $3.00. Motion carried BE $3.00
unanimously.
WORKSHOP ON
Councilmember Chestovich requested that Council select dates for ZONING
a joint workshop with the Planning Commission for work on the revised ORDINANCE TO
zoning ordinance. The two possible dates discussed were April 18 BE SCHEDULED
and April 23. Councilmember Chestovich will present the dates to
the Planning Commission at the April 2nd meeting of the Commission.
Councilmember Hard informed that at the League of Minnesota Cities
meeting the proposed policies were all passed.
Councilmember Baldwin informed that the North Suburban Youth
Service Bureau is in need of raising $23,000.
Councilmember Hard moved, seconded by Councilmember Chestovich, ADJOURNMENT
that the meeting be adjourned at 10:16 P.M. Motion carried
unanimously.
ATTEST:
~~
~G~,./
ewan B. Barnes, Clerk Administrator
Regular City Council Meeting of March 28, 1984